RELIEF FROM JUDGMENTS, ORDERS, OR OTHER PROCEEDINGS (RULE 38)

Section 1. Petition for relief from judgment, order, or other proceedings. — When a judgment or final order is
entered, or any other proceeding is thereafter taken against a party in any court through fraud, accident, mistake,
or excusable negligence, he may file a petition in such court and in the same case praying that the judgment, order
or proceeding be set aside. (2a)

Section 2. Petition for relief from denial of appeal. — When a judgment or final order is rendered by any court in a
case, and a party thereto, by fraud, accident, mistake, or excusable negligence, has been prevented from taking an
appeal, he may file a petition in such court and in the same case praying that the appeal be given due course. (1a)

Section 3. Time for filing petition; contents and verification. — A petition provided for in either of the preceding
sections of this Rule must be verified, filed within sixty (60) days after the petitioner learns of the judgment, final
order, or other proceeding to be set aside, and not more than six (6) months after such judgment or final order
was entered, or such proceeding was taken, and must be accompanied with affidavits showing the fraud, accident,
mistake, or excusable negligence relied upon, and the facts constituting the petitioner's good and substantial cause
of action or defense, as the case may be. (3)

Section 4. Order to file an answer. — If the petition is sufficient in form and substance to justify relief, the court in
which it is filed, shall issue an order requiring the adverse parties to answer the same within fifteen (15) days from
the receipt thereof. The order shall be served in such manner as the court may direct, together with copies of the
petition and the accompanying affidavits. (4a)

Section 5. Preliminary injunction pending proceedings. — The court in which the petition is filed may grant such
preliminary injunction as may be necessary for the preservation of the rights of the parties, upon the filing by the
petitioner of a bond in favor of the adverse party, conditioned that if the petition is dismissed or the petitioner fails
on the trial of the case upon its merits, he will pay the adverse party all damages and costs that may be awarded to
him by reason of the issuance of such injunction or the other proceedings following the petition, but such
injunction shall not operate to discharge or extinguish any lien which the adverse party may have acquired upon,
the property, of the petitioner. (5a)

Section 6. Proceedings after answer is filed. — After the filing of the answer or the expiration of the period
therefor, the court shall hear the petition and if after such hearing, it finds that the allegations thereof are not true,
the petition shall be dismissed; but if it finds said allegations to be true, it shall set aside the judgment or final
order or other proceeding complained of upon such terms as may be just. Thereafter the case shall stand as if such
judgment, final order or other proceeding had never been rendered, issued or taken. The court shall then proceed
to hear and determine the case as if a timely motion for a new trial or reconsideration had been granted by it. (6a)

Section 7. Procedure where the denial of an appeal is set aside. — Where the denial of an appeal is set aside, the
lower court shall be required to give due course to the appeal and to elevate the record of the appealed case as if a
timely and proper appeal had been made. (7a)